South Pasadena Municipal Code Art. XIII Awarding Public Works Contracts

(a) This article is intended to establish regulations to apply to all public contracts in a manner that is consistent with the requirements of the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.).

• (b) If there are any inconsistences between the city’s purchasing policy as defined in SPMC 2.99 29(2)(q) and this article (Awarding Public Works Contracts), the provisions of this article (Awarding Public Works Contracts) shall prevail. (Ord. No. 2299, § 1, 2016; Ord. No. 2397, § 7, 2025.)

(a) The city manager may cause public works projects of $75,000 or less to be performed by employees of the city by force account, by negotiated contract, or by purchase order. In such case, the city manager is authorized to enter into the contract or purchase order. Public works projects in excess of such amount shall be awarded by city council.

(b) Public works projects of $220,000 or less may be let to contract by informal procedures as set forth in SPMC 2.99-37.

• (c) Public works projects of more than $220,000 shall be let to contract by the formal bidding procedure outlined in SPMC 2.99 38 and 2.99-39.

(d) The term “public works project” shall have the definition set forth for “public project” in Public Contract Code Section 22002.

• (e) The dollar limits set forth in subsections (a), (b), and (c) of this section, and SPMC 2.99 37, shall adjust without city council action as necessary to comply with any adjustment mandated by the state controller pursuant to the authority granted by Public Contract Code Section 22020. (Ord. No. 2299, § 1, 2016; Ord. No. 2369, § 2, 2022; Ord. No. 2397, § 8, 2025.)

A list of contractors shall be developed and maintained in accordance with Public Contract Code Section 22034(a) and any criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (Commission). Such list will be maintained by the city manager. (Ord. No. 2299, § 1, 2016.)

The following apply to informal bids for public works projects:

(a) Notice Inviting Informal Bids.

(1) Required Noticing. When a public contract is to be bid pursuant to the procedures in this section, a notice inviting informal bids shall be mailed, faxed or emailed to all construction trade journals specified by the Commission in accordance with Public Contract Code Section 22036.

(2) Optional Noticing. Notification may be also provided to the contractors on the list created pursuant to SPMC 2.99-36 for the category of work being bid, and to any additional contractors and/or construction trade journals.

(3) Exception. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(b) Sending Notices. All sending of notices to contractors and construction trade journals pursuant to subsections (a)(1) and (a)(3) of this section shall be completed not less than 10 calendar days before bids are due.

(c) Description of Project. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(d) Authority to Award Contracts. The city manager is authorized to award a contract if the lowest bid received is $75,000 or less. Contracts valued at more than $75,000 can only be awarded by the city council.

(e) Bids Exceeding $220,000. If all bids received pursuant to the informal process are in excess of $220,000, the city council may adopt a resolution by a four-fifths vote to award the contract at $235,000 or less to the lowest responsible bidder, if it determines the - city’s cost estimate was reasonable. Otherwise, the project shall be rebid pursuant to SPMC 2.99 38 and awarded pursuant to SPMC 2.99-38 and 2.99-39.

(f) Award of Contract. The contract shall be awarded to the lowest responsible bidder. (Ord. No. 2299, § 1, 2016; Ord. No. 2369, § 3, 2022; Ord. No. 2397, § 9, 2025.)

The following rules apply to notices for bids for public projects pursuant to the formal bidding process:

(a) Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(b) Publication of Notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contract Code Section 22037.

(c) Electronic Transmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in accordance with Public Contract Code Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. The city may provide additional notice. (Ord. No. 2299, § 1, 2016.)

The following rules apply to awarding formal bids for public projects:

(a) Rejecting Formal Bids. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

(1) Abandoning the project or readvertising for bids in the manner described by this chapter.

(2) By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with this article.

(b) Lowest Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.

(c) No Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account or negotiated contract without further complying with this article. (Ord. No. 2299, § 1, 2016.)

(a) In cases of emergency when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contractor, or by a combination of the two.

(b) In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contract Code (commencing with Section 22050).

(c) The city council’s authority under this section is delegated to the city manager during an emergency declared pursuant to SPMC 11.6 or in a situation determined by the city manager to constitute an emergency related to a public project pursuant to Public Contract Code Sections 22035 and 22050. (Ord. No. 2299, § 1, 2016; Ord. No. 2397, § 10, 2025.)